====== Request public records under the Maryland Public Information Act ====== **Maryland · How do I request public records?** · state model checked by Claude · quality 0.99 //Generated by [[https://github.com/alibama/lexflow|lexflow]] from the state statutes (open-us-law, government publisher text) and checked by Claude: every quoted phrase was matched word for word against the statute text, and the process passed the BPMN/DMN schemas, bpmnlint and a Petri-net soundness check. Information, not legal advice.// **Governing law:** [[https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ggp§ion=4-203&enactments=false|Md. Code, General Provisions § 4-203]] ===== Process map ===== A person or governmental unit wants to inspect a Maryland public record The applicant may be a person or a governmental unit (§ 4-202(a)); the schema gives the actor one kind, so it is typed as a private party. No written application is needed for records on the official custodian's § 4-201(c)(2) list, or when the custodian waives the requirement (§ 4-202(b)); the model always starts from a written application. If the custodian decides on initial review that the record does not exist, the applicant must be told immediately (§ 4-202(d)(1)); the model uses only the 30-day outer limit for the after-search case in § 4-202(d)(2). Any time limit in § 4-203 may be extended by up to 30 days with the applicant's consent (§ 4-203(d)(1)); this consent exchange is not modelled as a step. Without such an extension (or a pending dispute under § 4-203(d)(2)), production stays capped at 30 days after receipt even when a delay notice was sent; the time stated in the notice does not extend it. Failure to produce the record in accordance with § 4-203(b) is a denial (§ 4-203(b)(3)). The model shows two separate outcomes: 'deemed denial' when the 30-day production timer passes without production (on_miss), and 'record produced late' when the record was delivered, but only after more than the reasonable period needed to retrieve it (§ 4-203(b)(1)), even if within 30 days; the second still counts as a denial although the applicant has the record. The bona-fide-dispute qualifier and the remedies for review of a denial are in other parts of Title 4 that are not modelled; they are recorded as a cross-reference. The text does not say whether such a denial triggers the written statement duty of § 4-203(c), so both outcomes end without one. The delay notice under § 4-203(b)(2) is due within 10 working days of receipt, while the grant/deny decision may take up to 30 days, so the model sends it (only when the custodian reasonably believes production will take more than 10 working days) before the decision; the notice branch and the no-notice path rejoin at the decision. If the notice is not sent within 10 working days, the timer also leads to the decision: the process does not end, and the duties to grant or deny and to produce within 30 days continue (§ 4-203(a)(1), (b)(1)). The only stated effect of skipping the notice is that a later failure to produce may not be considered the result of a bona fide dispute (§ 4-203(b)(3)). The notice carries only an estimate of the range of fees, so it does not wait for the § 4-206 fee decision. If the application is later denied, the text does not say what becomes of a notice already sent. § 4-203(c)(1)(i) requires the written denial statement within 10 working days but does not say what starts the clock; the model counts from the denial. The text gives no consequence for a late statement, and nothing in it cancels the separate duty under § 4-203(c)(1)(ii) to allow partial inspection, so a missed 10-day timer leads on to partial inspection instead of ending the process; the duty to give the statement is not lifted by the delay. The written denial statement must give (1) the reasons, (2) for a § 4-343 denial, why it is necessary and why redaction would not work, (3) the legal authority, (4) a brief description of the undisclosed record that lets the applicant assess the authority, without disclosing the protected information, and (5) notice of the remedies (§ 4-203(c)(1)(i)); these are contents of one notice, not separate steps. § 4-203(c)(1) lists the written statement (i) and partial inspection (ii) as two duties of the denying custodian without ordering them; the model puts partial inspection after the statement. Duty (ii) covers 'any part of the record that is subject to inspection', so the step is unconditional and is empty when no part is inspectable (the ruling table's 'part_inspectable' input only changes the ruling text). The grounds for denying inspection are in other sections of Title 4 that are not included here; the 'inspection_allowed' input of the ruling table stands in for them. A custodian may not ignore an application on the grounds that it was intended for harassment (§ 4-203(c)(2)); this prohibition is not a separate step. Fee details not modelled as table rules: fees for customized formats (§ 4-206(b)(1)(i)), proration of staff and attorney review costs (§ 4-206(b)(2)), charges for reproduction facilities the custodian lacked (§ 4-206(d)(2)), the definition of 'indigent' (§ 4-206(a)(2)), and the duty of a local school system custodian who charges a fee to give written notice that the applicant may complain to the Board (§ 4-206(f)). The fee table splits the search/preparation fee (2-hour rule, § 4-206(b)-(c)) from the copy fee (another law, § 4-206(d)(1)), because (d)(1) displaces only copy, printout and photograph fees. A waiver is discretionary ('may waive') and is decided as a separate step on top of the computed fee. The official custodian and the custodian may be different people; the text does not say how fee decisions are coordinated with production. Missing the 30-day grant/deny limit of § 4-203(a) has no stated consequence in these sections (the deemed denial of § 4-203(b)(3) is tied to production by a custodian who approves), so that timer keeps an end event of its own. start submit_application notify_no_record notify_no_record_deadline notify_no_record_deadline_end notify_delay notify_delay_deadline decide_application decide_application_deadline decide_application_deadline_end send_denial_statement send_denial_statement_deadline allow_partial_inspection produce_record produce_record_deadline applicant_redirected no_record denial_explained record_produced record_produced_late deemed_denial decide_application_join submit_application_gw decide_application_gw produce_record_gw allow_partial_inspection_merge assess_fee consider_waiver redirect_applicant redirect_applicant_deadline redirect_applicant_deadline_end Md. Code, General Provisions § 4-202(a): “a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian” a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian sf5 Md. Code, General Provisions § 4-202(a): “shall submit a written application to the custodian” shall submit a written application to the custodian sf5 sf6 Md. Code, General Provisions § 4-202(c)(1): “notice of that fact” notice of that fact sf7 sf18 Md. Code, General Provisions § 4-202(c): “within 10 working days after receiving the application, the individual shall give the applicant” within 10 working days after receiving the application, the individual shall give the applicant sf1 P10D Md. Code, General Provisions § 4-202(c) [implied]: “within 10 working days after receiving the application, the individual shall give the applicant” within 10 working days after receiving the application, the individual shall give the applicant sf1 Md. Code, General Provisions § 4-202(d): “a custodian determines that the record does not exist, the custodian shall notify the applicant of this determination” a custodian determines that the record does not exist, the custodian shall notify the applicant of this determination sf8 sf19 Md. Code, General Provisions § 4-202(d)(2): “promptly after the search is completed but not more than 30 days after receiving the application” promptly after the search is completed but not more than 30 days after receiving the application sf2 P30D Md. Code, General Provisions § 4-202(d)(2) [implied]: “promptly after the search is completed but not more than 30 days after receiving the application” promptly after the search is completed but not more than 30 days after receiving the application sf2 Md. Code, General Provisions § 4-203(b)(2): “If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail” If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail sf9 sf11 Md. Code, General Provisions § 4-203(b)(2): “within 10 working days after receipt of the request” within 10 working days after receipt of the request sf24 P10D Md. Code, General Provisions § 4-203(a)(1): “the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application.” the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application. application_ruling sf4 sf12 Md. Code, General Provisions § 4-203(a)(1): “promptly, but not more than 30 days after receiving the application” promptly, but not more than 30 days after receiving the application sf3 P30D Md. Code, General Provisions § 4-203(a)(1) [implied]: “promptly, but not more than 30 days after receiving the application” promptly, but not more than 30 days after receiving the application sf3 Md. Code, General Provisions § 4-203(c)(1): “A custodian who denies the application shall” A custodian who denies the application shall sf13 sf15 Md. Code, General Provisions § 4-203(c)(1)(i): “within 10 working days, give the applicant a written statement that gives” within 10 working days, give the applicant a written statement that gives sf25 P10D Md. Code, General Provisions § 4-203(c)(1)(ii): “allow inspection of any part of the record that is subject to inspection” allow inspection of any part of the record that is subject to inspection sf27 sf20 Md. Code, General Provisions § 4-206(b)(1): “the official custodian may charge an applicant a reasonable fee for” the official custodian may charge an applicant a reasonable fee for fee_due sf14 sf16 Md. Code, General Provisions § 4-206(e): “The official custodian may waive a fee under this section” The official custodian may waive a fee under this section fee_waiver sf16 sf17 Md. Code, General Provisions § 4-203(b)(1): “shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record” shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record sf17 sf21 Md. Code, General Provisions § 4-203(b)(1): “but not more than 30 days after receipt of the application” but not more than 30 days after receipt of the application sf26 P30D Md. Code, General Provisions § 4-202(c)(2): “if known” if known sf18 Md. Code, General Provisions § 4-202(d): “a custodian determines that the record does not exist” a custodian determines that the record does not exist sf19 Md. Code, General Provisions § 4-203(c)(1)(i)(5): “notice of the remedies under this title for review of the denial” notice of the remedies under this title for review of the denial sf20 Md. Code, General Provisions § 4-203(b)(1): “A custodian who approves the application shall produce the public record” A custodian who approves the application shall produce the public record sf23 Md. Code, General Provisions § 4-203(b)(3): “Failure to produce the public record in accordance with this subsection constitutes a denial of an application” Failure to produce the public record in accordance with this subsection constitutes a denial of an application sf22 Md. Code, General Provisions § 4-203(b)(3): “Failure to produce the public record in accordance with this subsection constitutes a denial of an application” Failure to produce the public record in accordance with this subsection constitutes a denial of an application sf26 sf10 sf11 sf24 sf4 sf6 sf7 sf8 sf9 sf10 sf12 sf13 sf14 sf21 sf22 sf23 sf15 sf25 sf27 not_the_custodian record_does_not_exist production_will_exceed_10_working_days application_denied not_produced_within_reasonable_period ===== Steps and the words they come from ===== - **Submit written application to the custodian** — Applicant (person or governmental unit) · //obligation// (§ 4-202(a)) \\ “//shall submit a written application to the custodian//” - **Tell applicant who the custodian is** — Individual who received the application (not the custodian) · within 10 business days · //obligation// (§ 4-202%%(c)%%(1)) \\ “//notice of that fact//” - **Notify applicant the record does not exist** — Custodian of the public record · within 30 days · //obligation// (§ 4-202(d)) \\ “//a custodian determines that the record does not exist, the custodian shall notify the applicant of this determination//” - **Send delay notice: time, fee range, reason** — Custodian of the public record · within 10 business days · //obligation// (§ 4-203(b)(2)) \\ “//If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail//” - **Grant or deny the application** — Custodian of the public record · within 30 days · //obligation// (§ 4-203(a)(1)) \\ “//the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application.//” - **Send written denial: reasons, authority, record description, remedies** — Custodian of the public record · within 10 business days · //obligation// (§ 4-203%%(c)%%(1)) \\ “//A custodian who denies the application shall//” - **Allow inspection of any inspectable part** — Custodian of the public record · //obligation// (§ 4-203%%(c)%%(1)(ii)) \\ “//allow inspection of any part of the record that is subject to inspection//” - **Decide what fee to charge** — Official custodian (fees) · //permission// (§ 4-206(b)(1)) \\ “//the official custodian may charge an applicant a reasonable fee for//” - **Decide whether to waive the fee** — Official custodian (fees) · //permission// (§ 4-206(e)) \\ “//The official custodian may waive a fee under this section//” - **Produce the public record** — Custodian of the public record · within 30 days · //obligation// (§ 4-203(b)(1)) \\ “//shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record//” ===== Does the custodian grant or deny the application? ===== Decision table (DMN), hit policy FIRST. ^ The record may be inspected under the Act ^ Some part of the record is subject to inspection ^ → Application denied ^ → Ruling ^ Source ^ | true | - | false | Grant: produce the record | § 4-203(b)(1) | | false | true | true | Deny in writing and allow inspection of the inspectable part | § 4-203(c)(1)(ii) | | false | false | true | Deny with written reasons, legal authority and remedies | § 4-203(c)(1)(i) | ===== What search/preparation fee and what copy fee may the official custodian charge? ===== Decision table (DMN), hit policy UNIQUE. ^ Another law sets the fee for a copy, electronic copy, printout or photograph ^ Hours needed to search and prepare ^ → Search and preparation fee ^ → Copy (reproduction) fee ^ Source ^ | false | %%<%%= 2 | None: the first 2 hours are free | Reasonable fee for actual reproduction costs | § 4-206(c) | | false | %%>%% 2 | Reasonable fee for actual costs beyond the first 2 hours | Reasonable fee for actual reproduction costs | § 4-206(b)(1)(ii) | | true | %%<%%= 2 | None: the first 2 hours are free | Copy fee set by the other law | § 4-206(d)(1) | | true | %%>%% 2 | Reasonable fee for actual costs beyond the first 2 hours | Copy fee set by the other law | § 4-206(d)(1) | ===== May the official custodian waive the fee? ===== Decision table (DMN), hit policy UNIQUE. ^ Applicant asked for a fee waiver ^ Applicant is indigent and filed an affidavit of indigency ^ Official custodian finds a waiver in the public interest ^ → Waiver ^ Source ^ | false | - | - | No waiver: the applicant did not ask for one | § 4-206(e)(1) | | true | true | - | Fee may be waived: indigent applicant | § 4-206(e)(2)(i) | | true | false | true | Fee may be waived: public interest | § 4-206(e)(2)(ii) | | true | false | false | No ground for a waiver: the computed fee stands | § 4-206(e) | ===== What the text leaves open ===== * The applicant may be a person or a governmental unit (§ 4-202(a)); the schema gives the actor one kind, so it is typed as a private party. * No written application is needed for records on the official custodian's § 4-201%%(c)%%(2) list, or when the custodian waives the requirement (§ 4-202(b)); the model always starts from a written application. * If the custodian decides on initial review that the record does not exist, the applicant must be told immediately (§ 4-202(d)(1)); the model uses only the 30-day outer limit for the after-search case in § 4-202(d)(2). * Any time limit in § 4-203 may be extended by up to 30 days with the applicant's consent (§ 4-203(d)(1)); this consent exchange is not modelled as a step. Without such an extension (or a pending dispute under § 4-203(d)(2)), production stays capped at 30 days after receipt even when a delay notice was sent; the time stated in the notice does not extend it. * Failure to produce the record in accordance with § 4-203(b) is a denial (§ 4-203(b)(3)). The model shows two separate outcomes: 'deemed denial' when the 30-day production timer passes without production (on_miss), and 'record produced late' when the record was delivered, but only after more than the reasonable period needed to retrieve it (§ 4-203(b)(1)), even if within 30 days; the second still counts as a denial although the applicant has the record. The bona-fide-dispute qualifier and the remedies for review of a denial are in other parts of Title 4 that are not modelled; they are recorded as a cross-reference. The text does not say whether such a denial triggers the written statement duty of § 4-203%%(c)%%, so both outcomes end without one. * The delay notice under § 4-203(b)(2) is due within 10 working days of receipt, while the grant/deny decision may take up to 30 days, so the model sends it (only when the custodian reasonably believes production will take more than 10 working days) before the decision; the notice branch and the no-notice path rejoin at the decision. If the notice is not sent within 10 working days, the timer also leads to the decision: the process does not end, and the duties to grant or deny and to produce within 30 days continue (§ 4-203(a)(1), (b)(1)). The only stated effect of skipping the notice is that a later failure to produce may not be considered the result of a bona fide dispute (§ 4-203(b)(3)). The notice carries only an estimate of the range of fees, so it does not wait for the § 4-206 fee decision. If the application is later denied, the text does not say what becomes of a notice already sent. * § 4-203%%(c)%%(1)(i) requires the written denial statement within 10 working days but does not say what starts the clock; the model counts from the denial. The text gives no consequence for a late statement, and nothing in it cancels the separate duty under § 4-203%%(c)%%(1)(ii) to allow partial inspection, so a missed 10-day timer leads on to partial inspection instead of ending the process; the duty to give the statement is not lifted by the delay. * The written denial statement must give (1) the reasons, (2) for a § 4-343 denial, why it is necessary and why redaction would not work, (3) the legal authority, (4) a brief description of the undisclosed record that lets the applicant assess the authority, without disclosing the protected information, and (5) notice of the remedies (§ 4-203%%(c)%%(1)(i)); these are contents of one notice, not separate steps. * § 4-203%%(c)%%(1) lists the written statement (i) and partial inspection (ii) as two duties of the denying custodian without ordering them; the model puts partial inspection after the statement. Duty (ii) covers 'any part of the record that is subject to inspection', so the step is unconditional and is empty when no part is inspectable (the ruling table's 'part_inspectable' input only changes the ruling text). * The grounds for denying inspection are in other sections of Title 4 that are not included here; the 'inspection_allowed' input of the ruling table stands in for them. * A custodian may not ignore an application on the grounds that it was intended for harassment (§ 4-203%%(c)%%(2)); this prohibition is not a separate step. * Fee details not modelled as table rules: fees for customized formats (§ 4-206(b)(1)(i)), proration of staff and attorney review costs (§ 4-206(b)(2)), charges for reproduction facilities the custodian lacked (§ 4-206(d)(2)), the definition of 'indigent' (§ 4-206(a)(2)), and the duty of a local school system custodian who charges a fee to give written notice that the applicant may complain to the Board (§ 4-206(f)). The fee table splits the search/preparation fee (2-hour rule, § 4-206(b)-%%(c)%%) from the copy fee (another law, § 4-206(d)(1)), because (d)(1) displaces only copy, printout and photograph fees. A waiver is discretionary ('may waive') and is decided as a separate step on top of the computed fee. * The official custodian and the custodian may be different people; the text does not say how fee decisions are coordinated with production. * Missing the 30-day grant/deny limit of § 4-203(a) has no stated consequence in these sections (the deemed denial of § 4-203(b)(3) is tied to production by a custodian who approves), so that timer keeps an end event of its own. ===== Court decisions citing this law ===== //Found with [[https://www.courtlistener.com|CourtListener]] (Free Law Project): opinions in the state's appellate courts whose text cites these sections. Listed for research; not every citing case construes the section.// * [[https://www.courtlistener.com/opinion/5313588/lawrence-v-state/|Lawrence v. State]] (Court of Appeals of Maryland, 2021, 257 A.3d 588; 475 Md. 384) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/2560029/mcdaniel-v-baranowski/|McDaniel v. Baranowski]] (Court of Appeals of Maryland, 2011, 19 A.3d 927; 419 Md. 560; 2011 Md. LEXIS 231) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/2323249/state-v-smith/|State v. Smith]] (Court of Appeals of Maryland, 1986, 505 A.2d 511; 305 Md. 489; 1986 Md. LEXIS 204) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/1989455/lema-v-bank-of-america/|Lema v. Bank of America]] (Court of Appeals of Maryland, 2003, 826 A.2d 504; 375 Md. 675) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/4394410/glass-v-anne-arundel-county/|Glass v. Anne Arundel County]] (Court of Appeals of Maryland, 2017, 160 A.3d 658; 453 Md. 201; 2017 WL 2290104; 2017 Md. LEXIS 340) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/4394410/glass-v-anne-arundel-county/|Glass v. Anne Arundel County]] (Court of Appeals of Maryland, 2017, 160 A.3d 658; 453 Md. 201; 2017 WL 2290104; 2017 Md. LEXIS 340) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/9423891/balt-police-dept-v-open-justice-balt/|Balt. Police Dept. v. Open Justice Balt.]] (Court of Appeals of Maryland, 2023, 301 A.3d 201; 485 Md. 605) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/4253538/action-committee-for-transit-inc-v-town-of-chevy-chase/|Action Committee for Transit, Inc. v. Town of Chevy Chase]] (Court of Special Appeals of Maryland, 2016, 145 A.3d 640; 229 Md. App. 540; 44 Media L. Rep. (BNA) 2249; 2016 Md. App. LEXIS 102) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/10021232/balt-action-legal-team-v-off-of-states-atty/|Balt. Action Legal Team v. Off. of State's Atty.]] (Court of Special Appeals of Maryland, 2021, 253 Md. App. 360) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/10960508/in-the-matter-of-rodriguez/|In the Matter of Rodriguez]] (Court of Special Appeals of Maryland, 2026) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/10832053/in-re-ferndale-volunteer-fire-dept/|In re: Ferndale Volunteer Fire Dept.]] (Court of Special Appeals of Maryland, 2026) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/10635038/trimble-v-state/|Trimble v. State]] (Court of Appeals of Maryland, 2025) — cites § General Provisions § 4-202 * [[https://www.courtlistener.com/opinion/10635038/trimble-v-state/|Trimble v. State]] (Court of Appeals of Maryland, 2025) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/10626834/hollabaugh-v-mro-corporation/|Hollabaugh v. MRO Corporation]] (Court of Appeals of Maryland, 2025) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/10091293/cox-v-amer-civil-liberties-union/|Cox v. Amer. Civil Liberties Union]] (Court of Special Appeals of Maryland, 2024) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/5313694/balt-action-legal-team-v-off-of-states-atty/|Balt. Action Legal Team v. Off. of State's Atty.]] (Court of Special Appeals of Maryland, 2021) — cites § General Provisions § 4-206 * [[https://www.courtlistener.com/opinion/5313730/admin-off-of-courts-v-abell-foundation/|Admin. Off. of Courts v. Abell Foundation]] (Court of Special Appeals of Maryland, 2021) — cites § General Provisions § 4-202 ===== Checks ===== * Quotes checked word for word: 37 (0 not exact) * BPMN / DMN schema errors: 0 / 0; bpmnlint errors: 0 * Petri nets sound: 1 of 1 * Sections used: General Provisions § 4-202, General Provisions § 4-203, General Provisions § 4-206 ===== Local answers ===== * [[lexflow:md:baltimore:records|City of Baltimore]] ← [[lexflow:md|Maryland]] · [[lexflow:start|lexflow models]]